As a mixed economy, India has various industries working under the principle of free trade. There is intense rivalry in the retail environment. They need name recognition and brand equity for any business that thrives on the free market. Trademarks are the best way to do this. The need to register names can also be used as a tripartite method for posting products or services through:
– Allow customers to understand the origins
– Assist customers in cost determination
– Help customers to decide on purchase
When such a value is added to the label, it must be safeguarded from abuse or breach by others.
A trademark owner who claims his mark to be infringed can, subject to circumstances, bring tort suit against a state or federal court on the grounds of trademark infringement. In certain cases, however the owners of trademarks seek to sue the federal court for a violation. The applicant can be entitled to get the case "removed" before the supreme court or though a claimant prefers the State Tribunal.
If the owner of the label may show a violation, the solutions available can include:
an order of the Court (injunction) to prohibit a convicted party from using the mark;
an order which requires that infringing articles be destroyed or forfeited;
monetary support, including the income of the applicant, all damages suffered and expenses borne by the claimant; and
An request that in some cases, the defendant pay the lawyers' fees of the complainants.
The Trademark laws have classified goods and services under 45 classes. With each application, the applicant has to provide a class under which they are willing to register a trademark.
You can use TM symbol in a 1 day.
You have to re-design your logo so that you can differentiate your business name with the existing registered trademark.
A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.
You can search the online trademark database to check the availability of the desired trademark.
Trademark symbol 'TM' is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol 'R' signifies the registered trademark. The ® mark can be used; once the application gets approved by the government.
A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations.
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